Why Did Seychelles Still Criminalise Witchcraft?

Introduction

Seychelles still retains criminal offences dealing with witchcraft because its Penal Code inherited provisions drafted during British colonial rule rather than creating them through modern domestic debate. These provisions were originally intended to punish deception, intimidation and fraudulent claims of supernatural power, not to recognise that magic itself exists. Even so, their language refers directly to “witchcraft”, “charms”, “superstitious means” and fortune telling, creating an uncomfortable tension in a modern legal system. When these offences were used during the high-profile 2023–24 witchcraft prosecution, critics argued that the law appeared to place courts in the position of judging allegations involving occult powers rather than focusing solely on demonstrable criminal conduct. That controversy has renewed discussion over whether Seychelles should replace colonial-era wording with clearer offences targeting fraud, coercion, intimidation and grave crimes without referring to supernatural beliefs.[wipo.int]wipo.intPenal Code (Chapter 158) (as consolidated to December 1, 2014), Seychelles, WIPO LexDecember 1, 2014…Published: December 1, 2014

What the Penal Code prohibited

The relevant provisions appear in the Seychelles Penal Code, which has its origins in the colonial legal system established under British administration.

Section 303 creates offences for a range of conduct connected with claimed supernatural powers. It criminalises people who pretend to deal in witchcraft, pretend to tell fortunes, use or claim to use witchcraft or charms to deceive others or cause fear or injury, seek supernatural advice for any purpose, or possess charms or other objects intended for use in committing such offences. The section also links payments for such services to offences involving false pretences, reinforcing the idea that the law was aimed primarily at fraudulent conduct.[WIPO]wipo.intPenal Code (Chapter 158) (as consolidated to December 1, 2014), Seychelles, WIPO LexDecember 1, 2014…Published: December 1, 2014

Another provision, section 182A, goes further by criminalising the use of supposedly supernatural processes intended to influence another person’s thoughts, judgement or wellbeing after receiving advice from someone claiming occult knowledge. The wording assumes neither that magic works nor that it is impossible. Instead, it criminalises behaviour associated with such claims.[WIPO]wipo.intPenal Code (Chapter 158) (as consolidated to December 1, 2014), Seychelles, WIPO LexDecember 1, 2014…Published: December 1, 2014

This distinction is important. The law was not written as a ban on private religious belief or folk traditions in general. Rather, it attempted to regulate conduct that colonial legislators associated with deception, manipulation or social disorder. Nevertheless, because the legislation repeatedly uses the language of witchcraft itself, modern readers can easily conclude that the legal system is treating supernatural claims as matters for criminal adjudication.

How colonial wording shaped public fear

The language of these offences reflects a broader pattern found across the former British Empire. Colonial administrations frequently adopted laws against people “pretending” to exercise witchcraft or supernatural powers. The underlying legal philosophy was sceptical: officials generally regarded magical powers as fraudulent while recognising that widespread public belief in witchcraft could provoke violence, extortion or panic. Colonial legislation therefore sought to suppress both alleged practitioners and those who exploited popular fears.[Cambridge University Press & Assessment]cambridge.orgCambridge University Press & AssessmentWitchcraft and British Colonial Law | Africa | Cambridge CoreAugust 21, 2012…Published: August 21, 2012

That compromise produced enduring ambiguities.

On one hand, provisions referring to “pretending” suggest that the law assumes supernatural powers are not genuine. On the other hand, offences referring to charms, witchcraft and supernatural processes require courts to interpret conduct framed in explicitly occult language. Critics argue that this can blur the distinction between prosecuting measurable actions and appearing to adjudicate supernatural claims.

In societies where belief in harmful magic remains culturally significant, this ambiguity can amplify public anxiety. Criminal investigations involving unusual objects, symbolic markings or ritual practices may attract exceptional media attention because the legal vocabulary itself appears to validate the possibility of an organised occult threat, even when prosecutors ultimately rely on ordinary evidence rather than proof of supernatural events.

Why the 2023–24 prosecution revived reform arguments

The controversy surrounding the prosecution of opposition leader Patrick Herminie illustrated these concerns.

Police investigations into disturbed graves and objects allegedly associated with witchcraft expanded into a case involving several defendants, including Herminie. The proceedings attracted intense domestic and international attention because a serving opposition leader was charged under colonial-era witchcraft provisions. After months of procedural disputes, prosecutors withdrew charges against Herminie and several co-defendants while restructuring the remaining case against others.[Seychelles Nation]nation.scSeychelles NationMagistrate’s court orders severance of witchcraft charges -Seychelles NationFebruary 2, 2024…Published: February 2, 2024

Regardless of political interpretations of the case, it demonstrated how colonial wording can shape public perception.

Rather than focusing public debate on alleged acts such as grave desecration, conspiracy or intimidation—offences that can be investigated through ordinary forensic evidence—discussion frequently centred on “witchcraft” itself. International reporting often highlighted that Seychelles still possessed criminal offences referring explicitly to witchcraft, making the legal framework appear unusual by contemporary standards.[seychellesnewsagency.com]seychellesnewsagency.comSeychelles News AgencyWitchcraft charges dropped against United Seychelles party leader - Seychelles News Agency…

For legal reform advocates, the episode exposed a broader problem: laws drafted in colonial language may unintentionally encourage public debate about whether supernatural powers exist instead of keeping attention on objectively provable criminal conduct.

Why conduct-based offences offer a clearer alternative

Many legal scholars and reform advocates argue that criminal law should concentrate on harmful behaviour that can be demonstrated through evidence rather than on supernatural terminology.

A conduct-based approach would continue to punish acts such as:

Under this model, courts would never need to consider whether witchcraft is real. Instead, they would ask familiar legal questions: Was someone deceived? Was money obtained dishonestly? Was another person threatened, intimidated or physically harmed? Were graves unlawfully disturbed? These questions can be answered using ordinary standards of criminal evidence without engaging with supernatural claims.

This approach has become increasingly attractive because it separates respect for individual religious or cultural beliefs from the state’s responsibility to punish demonstrable criminal acts.

The wider case for reform

Calls for reform do not necessarily argue that exploitation associated with claimed supernatural powers should become lawful. Instead, they question whether colonial terminology remains appropriate in a modern criminal code.

Supporters of reform advance several arguments:

Opponents of changing the law sometimes argue that explicit witchcraft provisions recognise real social harms because people can be manipulated or terrorised through claims of occult power. Reform proposals therefore generally seek not to eliminate protection against such exploitation but to rewrite offences so they target intimidation and deception directly.

Why the issue matters beyond one case

The debate over Seychelles’ witchcraft laws is ultimately less about belief in magic than about how criminal law should be written.

Colonial legislation was drafted for an imperial legal system attempting to regulate societies where belief in supernatural harm was widespread while maintaining an official scepticism about occult powers. More than a century later, that wording can create confusion about what exactly the law is punishing.

The controversy generated by the 2023–24 prosecution demonstrated how quickly archaic legal language can become the centre of public debate. Whether or not Seychelles eventually reforms these provisions, the case has highlighted a broader legal principle: criminal law is generally clearest and most legitimate when it punishes observable acts—fraud, coercion, intimidation and violence—rather than appearing to adjudicate questions about supernatural belief.[wipo.int]wipo.intPenal Code (Chapter 158) (as consolidated to December 1, 2014), Seychelles, WIPO LexDecember 1, 2014…Published: December 1, 2014

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Further Reading

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Endnotes

1. Source: wipo.int
Link:https://www.wipo.int/wipolex/en/legislation/details/16117

Published: December 1, 2014

2. Source: nation.sc
Title: Seychelles Nation Witchcraft case -Seychelles Nation
Link:https://www.nation.sc/articles/21128/witchcraft-case

3. Source: cambridge.org
Link:https://www.cambridge.org/core/journals/africa/article/abs/witchcraft-and-british-colonial-law/18C65EF64367A657D70D626DA53B544C

Published: August 21, 2012

4. Source: nation.sc
Link:https://www.nation.sc/articles/20963/magistrates-court-orders-severance-of-witchcraft-charges

Published: February 2, 2024

5. Source: nation.sc
Link:https://www.nation.sc/articles/20815/procedural-setbacks-for-prosecution-in-witchcraft-case

6. Source: cambridge.org
Link:https://www.cambridge.org/core/journals/international-journal-of-legal-information/article/witchcraft-accusations-and-the-tort-of-defamation-in-anglophone-africa/22930E9DEDD422B529CE891441433B33

7. Source: nation.sc
Link:https://www.nation.sc/articles/21145/us-considering-legal-action-after-party-president-discharged-from-witchcraft-case

8. Source: nation.sc
Title: Witchcraft related case set for January 19 -Seychelles Nation
Link:https://www.nation.sc/articles/20554/witchcraft-related-case-set-for-january-19

9. Source: nation.sc
Title: Magistrates Court hears witchcraft case -Seychelles Nation
Link:https://www.nation.sc/articles/19577/magistrates-court-hears-witchcraft-case-

10. Source: nation.sc
Link:https://www.nation.sc/articles/19553/us-party-president-arrested-and-released-for-alleged-witchcraft-related-offences

11. Source: wipo.int
Link:https://www.wipo.int/wipolex/fr/legislation/details/16117

12. Source: cambridge.org
Title: Witchcraft and Colonial Legislation | Africa | Cambridge Core
Link:https://www.cambridge.org/core/journals/africa/article/abs/witchcraft-and-colonial-legislation/3F22A22925069F7C9477E0AE1D2F4414

13. Source: wipo.int
Link:https://www.wipo.int/wipolex/en/legislation/details/16118

14. Source: wipo.int
Link:https://www.wipo.int/wipolex/en/legislation/details/9985

15. Source: wipo.int
Link:https://www.wipo.int/wipolex/fr/legislation/details/9985

16. Source: seychellesnewsagency.com
Link:https://www.seychellesnewsagency.com/articles/20092/Witchcraft%2Bcharges%2Bdropped%2Bagainst%2BUnited%2BSeychelles%2Bparty%2Bleader

17. Source: law.cornell.edu
Link:https://www.law.cornell.edu/gender-justice/location/seychelles

Additional References

18. Source: jutajournals.co.za
Link:https://www.jutajournals.co.za/the-spirits-and-the-law-the-role-of-superstition-laws-in-modernity-in-kenya-and-seychelles-a-literature-review/

Published: February 15, 2026

19. Source: journals.co.za
Title: Ange-Ebrahim Michelle St. Ange-Ebrahim Search for more papers
Link:https://journals.co.za/doi/10.47348/JCLA/v12/i2a4

20. Source: youtube.com
Title: WANTAM:SEYCHELLES’ Patrick Herminie’ beats incumbent in a Stunning Victory
Link:https://www.youtube.com/watch?v=F3LglWbdOwc

21. Source: youtube.com
Title: BBC interviews Dr. Patrick Herminie after he was charged for witchcraft
Link:https://www.youtube.com/watch?v=WxUV7PQdqmk

22. Source: youtube.com
Title: Opposition’s Herminie Secures Victory in Seychelles Run-off Election
Link:https://www.youtube.com/watch?v=C0uc4SqoncQ

23. Source: youtube.com
Title: When Was The Last ‘Witch’ Convicted In Britain?
Link:https://www.youtube.com/watch?v=WwgDtdRWM-Y

24. Source: youtube.com
Title: Law Reforms: Albinos in Uganda Call for More Protection for Them
Link:https://www.youtube.com/watch?v=J4xBDQYjb6g

25. Source: nationalassembly.sc
Link:https://www.nationalassembly.sc/bills

26. Source: gazette.sc
Link:https://www.gazette.sc/

27. Source: africanews.com
Title: Seychelles: leader of main opposition party charged with witchcraft | Africanews
Link:https://www.africanews.com/2023/10/03/seychelles-leader-of-main-opposition-party-charged-with-witchcraft/